Tough poaching laws could claim first victim

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An alleged abalone trafficker could face a long prison sentence after being the first person charged under tough new laws.

Phet Van Pham, 38, was arrested on Tuesday night after Fisheries officers observed him and another man diving for abalone for more than four hours on the western shore of Port Phillip Bay, a court heard yesterday.

Prosecutor Mark Breguet told the Geelong Magistrates Court that the officers watched the pair shucking abalone and tipping the shells into water off Avalon Beach. The officers recovered more than 730 black lip abalone and seized a boat, trailer and diving equipment.

Laws enacted in April make trafficking in commercial quantities of "priority fish" an indictable offence punishable by up to 10 years' imprisonment and fines of up to $250,000.

Pham was charged with trafficking a commercial quantity of abalone as well as taking and possessing a commercial quantity of abalone. Magistrate Ron Saines said Pham, who allegedly gave two false addresses, posed an unacceptable flight risk if he was granted bail. He is due to reappear in court on August 13.

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At the Dandenong Magistrates Court yesterday, a former Hong Kong policeman was jailed for a year after pleading guilty to six counts of consigning more than 325 kilograms of stolen abalone worth just under $110,000.

Paul Siu, 62, who was charged after a 15-month investigation, was granted bail pending an appeal.

Prosecutor Ian Parks told the court that Siu had shipped the stolen abalone to NSW and Queensland between October 2002 and June last year.

Officers had covertly inspected more than 20 cartons that Siu had taken to a Dandenong road transport company for shipment, Mr Parks said.

The abalone had a value of $109,685, although Siu claimed he would only receive $1113 for the operation - $3.50 per kilogram. Magistrate Stephen Raleigh sentenced Siu to 12 months' imprisonment with a non-parole period of six months and ordered he forfeit abalone packaging equipment.

Noel Hutchison, for Siu, said her client was "under a great deal of financial pressure when he was committing these offences".

Siu, now on a disability pension, had worked as a policeman in Hong Kong for 12 years before moving to Australia in 1982.

He was previously sentenced to 11 months in jail for similar offences in the County Court in February. The term was wholly suspended for three years and coupled with a $5000 good behaviour bond.

Murray Donaldson, chief investigator of the Department of Primary Industries' special investigations group said Siu was lucky the offences were committed before the new laws were enacted. "The most severe penalties Siu was facing was a $20,000 fine and/or a 12-month jail term on each charge," Mr Donaldson said.